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"The Trouble with Marriage is part of a new global feminist jurisprudence around marriage and violence that looks to law as strategy rather than solution. In this ethnography of family courts and other crime and mediation settings in India, Srimati Basu reevaluates Indian feminist theories of marriage, gender violence, and the role of the state. Basu argues that alternative dispute resolutions, originally designed to empower women in a less adversarial legal environment, have created new subjectivities but have also reinforced oppressive socioeconomic norms that leave women no better off, individually or collectively. This volume examines the extent to which feminist visions of divorce, rape, and domestic violence law in India empower women and finds, paradoxically, that these alternative ideas actually reinforce women's economic and social inequality"--Provided by publisher.
Using the contemporary workings of property law in India through the lives and thoughts of middle-class and poor women, this is a study of the ways in which cultural practices, and particularly notions of gender ideology, guide the workings of law. It urges a close reading of decisions by women that appear to be contrary to material interests and that reinforce patriarchal ideologies. Hailed as a radical moment for gender equality, the Hindu Succession Act was passed in India in 1956 theoretically giving Hindu women the right to equal inheritance of their parents self-acquired property. However, in the years since the acts existence, its provisions have scarcely been utilized. Using inte...
The essays in this book examine the sociological, legal, cultural and economic implications of dowry. The connection between dowry or bridewealth norms and the status of women, inheritance and its impact on women's empowerment are discussed from the multiple perspectives adopted by different feminist scholars. Feminist interventions have dealt with slippery definitions, concepts in legal formulations and theoretical questions regarding the volition and agency of women in a patriarchal structure. The essays examine the activist position vis-Ã -vis dowry and inheritance: should dowry be boycotted in toto, or only its excesses? Is dowry a form of inheritance? Legal intervention is often seen...
In the 1940's, the young Punjabi "Mrs. A." reflected on sexuality, gender, and struggle in a dream analysis with psychiatrist Dev Satya Nand, drawing on Hindu myth to conceive a better, socialist future. An unconventional history of gender and sexuality in late colonialism, this book reminds us that the West does not have a monopoly on feminism, psychiatry, or ethical paradigms.
South Asian feminism is in crisis. Under constant attack from right-wing nationalism and religious fundamentalism and co-opted by 'NGO-ization' and neoliberal state agendas, once autonomous and radical forms of feminist mobilization have been ideologically fragmented and replaced. It is time to rethink the feminist political agenda for the predicaments of the present. This timely volume provides an original and unprecedented exploration of the current state of South Asian feminist politics. It will map the new sites and expressions of feminism in the region today, addressing issues like disability, Internet technologies, queer subjectivities and violence as everyday life across national boundaries, including India, Pakistan, Bangladesh and Sri Lanka. Written by young scholars from the region, this book addresses the generational divide of feminism in the region, effectively introducing a new 'wave' of South Asian feminists that resonates with feminist debates everywhere around the globe.
Using case studies and the results of extensive fieldwork, this book considers the nature of state power and legal violence in liberal democracies by focusing on the interaction between law, science, and policing in India. The postcolonial Indian police have often been accused of using torture in both routine and exceptional criminal cases, but they, and forensic psychologists, have claimed that lie detectors, brain scans, and narcoanalysis (the use of “truth serum,” Sodium Pentothal) represent a paradigm shift away from physical torture; most state high courts in India have upheld this rationale. The Truth Machines examines the emergence and use of these three scientific techniques to a...
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Today, the majority of the world's population lives in a country with falling marriage rates, a phenomenon with profound impacts on women, gender, and sexuality. In this exceptionally crafted ethnography, Sarah Lamb probes the gendered trend of single women in India, examining what makes living outside of marriage for women increasingly possible and yet incredibly challenging. Featuring the stories of never-married women as young as 35 and as old as 92, this book offers a remarkable portrait of a way of life experienced by women across class and caste divides. For women in India, complex social-cultural and political-economic contexts are foundational to their lives and decisions, and remain...
This volume gives a detailed account of the individuals, organizations, and institutions that were influential in India in the promotion of education for Muslim girls in the colonial period.
This book argues that the shared adjudication model in which the state splits its adjudicative authority with religious groups and other societal sources in the regulation of marriage can potentially balance cultural rights and gender equality. In this model the civic and religious sources of legal authority construct, transmit and communicate heterogeneous notions of the conjugal family, gender relations and religious membership within the interstices of state and society. In so doing, they fracture the homogenized religious identities grounded in hierarchical gender relations within the conjugal family. The shared adjudication model facilitates diversity as it allows the construction of hybrid religious identities, creates fissures in ossified group boundaries and provides institutional spaces for ongoing intersocietal dialogue. This pluralized legal sphere, governed by ideologically diverse legal actors, can thus increase gender equality and individual and collective legal mobilization by women effects institutional change.